Public contract (offer)

Public contract (offer)
for the order, purchase and sale of goods and services

м. Kharkiv dated 29.05.2023.

SECTION 1. GENERAL PROVISIONS

1.1. This public agreement (hereinafter referred to as the Agreement) is an official and public offer of the Kamala Van Jyotish Maharishi Center, represented by Ishchenko A. V. (hereinafter referred to as the Seller) to conclude a contract for the sale of Goods and/or a contract for the provision of Services presented on the website https://vedic-astrology.info (hereinafter referred to as the Site). The current version of this Agreement is valid as of 05/29/2023.

1.2. The Seller, acting on the basis of Articles 633, 641, 644 of the Civil Code of Ukraine, addresses this Public Offer to any person (hereinafter referred to as the Buyer) who has accepted (accepted) the terms of this Public Agreement (offer).
The terms of this Agreement shall be the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another.

1.3. The Seller reserves the right to make changes to this Agreement and its Annexes, and therefore, the Buyer undertakes to familiarize itself with the current version of the Agreement, Annexes and other information available at the following address: https://vedic-astrology.info/oferta before receiving the Services.

1.4. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract for the sale of goods shall be deemed the fact that the Buyer has paid for the order under the terms of this Agreement, within the terms and at the prices specified on the Seller’s Website.

1.5. This Agreement and its Annexes shall be valid in the version and on the terms and conditions existing at the time of its acceptance.

SECTION 2. TERMINOLOGY

2.1. In this Agreement, unless the meaning requires otherwise, the terms shall be interpreted as follows:

2.1.1. Goods or services are the object of the parties’ agreement, which was selected by the Buyer on the Seller’s website and purchased remotely.

2.1.2. The Buyer is a legally capable individual (or legal entity or individual entrepreneur) who has reached the age of 18 and places an order for the purchase of goods or services presented on the Seller’s website for purposes other than business activities. The Buyer is responsible for the inaccuracy of such information and possible negative consequences. The Buyer shall have the right to use the Website only upon acceptance and agreement of all provisions of this offer agreement.

2.1.3. Organizing manager (manager) – an employee (authorized representative) of the Seller who accepts and processes orders through the Website, provides advice on goods and services available for ordering through the Website and any issues related to the purchase of goods/services on the Seller’s Website.

2.1.4. The Seller’s website – an online store at https://vedic- astrology.info is created to familiarize the Buyer with the proposed description (image) of goods and services via the Internet, with the aim of offering them for sale and sale.

2.1.5. Vedic astrology is the most complex and ancient system of behavioral analysis and forecasting that studies the influence of the cosmos on each individual, on groups and communities of people, and on the Earth as a whole.

2.1.6. Oriental psychology is a trend in world psychology focused on the inner subjective world of a person, control over the intellectual, emotional and volitional processes of the self.

SECTION 3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to sell the goods or provide the service (after confirming the availability of such goods or the possibility of providing the service) on the basis of the order placed by the Buyer on the relevant page of the Site, and the Buyer undertakes to purchase, accept the Goods or Services ordered by him on the Site and pay for them in accordance with
to the price of the Goods/Service.

3.2. The Buyer independently chooses a product or service on the Seller’s website and places an order in an accessible way.

3.3. The Seller confirms that it has all the necessary permits for business activities that regulate the scope of legal relations arising and operating in the course of the execution of this Agreement, and also guarantees that it has the right to sell goods or services presented on the Seller’s website, without any restrictions, in accordance with the requirements of the current legislation of Ukraine.

The Seller guarantees that the goods belong to him on the right of ownership, the goods have been put into circulation in Ukraine in accordance with the procedure provided for by the current legislation of Ukraine, are not under prohibition, arrest, not alienated to third parties, are not subject to pledge or other means of ensuring the fulfillment of obligations to any individuals or legal entities, state bodies and the state, and are not subject to any other encumbrance or restriction provided for by the current legislation of Ukraine. The Seller warrants that the goods are safe, comply with the requirements of the current legislation of Ukraine and other regulatory documents on the safety of non-food products, and do not have any hidden defects that could endanger the Buyer.

SECTION 4. TERMS OF THE AGREEMENT AND USE OF THE SITE

4.1. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of the Agreement shall be the fact of full or partial payment by the Buyer for the goods or services. The Buyer’s accession to the Agreement shall be in general, the Buyer may not propose changes to the terms of the Agreement.

4.2. This Agreement shall be concluded by giving the Buyer’s full and unconditional consent (acceptance) to enter into the Agreement in full, without the Parties signing a written copy of the Agreement. If the Buyer does not agree to the terms of the Agreement, he/she shall not be entitled to enter into this Agreement and shall not be entitled to use the services under this Agreement. If the Buyer does not agree with the terms of the Agreement in whole or in part, the Buyer shall immediately stop using the Website and leave it.

4.3. While using the Website, the Buyer has the following rights:

– Have access to the Website, the Agreement, be aware of the subject matter of the agreement between the Seller and the Buyer;

– Receive complete and accurate information about goods and services, their detailed characteristics, cost, payment and delivery terms;

– Order and pay for goods and/or services;

– Receive information about the progress of the order, the terms of its delivery/execution;

– To stop using the Website at any time.

4.4. The Buyer is prohibited from using the Website:

– Provide false information, act as another person, falsify data;

– To try to bypass any technical means of protection of the Website by any means, to make attempts to bypass any technical means of protection of the Website;

– Use the Website for other purposes that are not expressly provided for in the Agreement.

4.5. The Buyer acknowledges and agrees that the Seller may, at any time, without prior notice to the Buyer, at its sole discretion, terminate the Agreement:

– To make changes to the Website, its software, operation algorithms, appearance, etc;

– Change the terms of access to the Website, including the procedure and methods of authorization of the Buyer on the Website;

– To temporarily suspend the display of the Website, including for maintenance or other work, changes or updates, etc;

– Terminate the Agreement without prior notice to the Buyer.

At the same time, the Buyer agrees that it will not have any claims against the Seller in connection with the temporary lack of access to the Website, for any reason, termination of the Terms, etc.

4.6. The Buyer has the right to terminate the Agreement by terminating the use of the Website.

SECTION 5. ORDERING PROCEDURE

5.1. The Buyer has the right to place an order for any product and/or service presented on the Seller’s Website. The Goods are presented in the catalog on the Website with the provision of photo samples and a textual description of the characteristics of the Goods: description, characteristics, dimensions, cost per unit of production, information on the main consumer properties of the Goods. The Services are presented on the Website with a textual description of the characteristics of the Services: description, characteristics, cost, other information.

5.2. The Buyer’s order is determined by the Buyer’s independent selection of specific Goods or Services from the list posted on the Site and available for order (those that are available), their payment. When ordering the Goods or Services on the Website, the Buyer independently familiarizes himself with the detailed characteristics of the Goods and Services, their cost and terms of delivery, which are posted on the Website. The Buyer places an order through the Organizing Manager using the specified contacts or by filling out the registration form for feedback from the Buyer available on the Site.

5.3. When filling out the order/registration form for feedback, the Buyer shall provide the following information: surname, name, patronymic of the Buyer or the person (recipient) indicated by him/her; e-mail address; contact phone number; comment indicating the product/service of interest to the Buyer (optional field).

5.4. If the Buyer needs additional information about the Goods or Service other than that provided on the Website, he/she has the right to request it from the Seller. If the Buyer fails to specify any information beyond the information about the Goods or Services posted on the Website, as a result of which the ordered Goods or Services do not meet the additional requirements or wishes of the Buyer, the Seller shall not be liable for failure to meet the Buyer’s expectations.

5.5. The Buyer is responsible for the accuracy of the information provided when placing an order, including information about the delivery address of the Goods, contact details, and the recipient of the Goods.

5.6. The Buyer’s order is considered to be formed and placed by the Buyer at the time of its formation on the Site after clicking the “Confirm Order” button (including but not limited to by the Buyer’s own confirmation on the Site using the “order” option). The order shall be considered approved by the Seller upon receipt by the Buyer of a message with the order number to the phone number or e-mail (which was specified when placing the order). At the time of formation and approval of the Order, the Buyer confirms that he has received complete and sufficient information about the Goods and Services, their delivery time, and cost.

SECTION 6. COST AND ORDER PAYMENT PROCEDURE

6.1. The cost and terms of purchase of specific goods/services are indicated in the extended description of the product or service on the Seller’s website. The cost of all Goods offered for sale through the Website is indicated in UAH, includes any taxes provided for by the current legislation of Ukraine that must be paid by the Seller from such a transaction, and does not provide for the payment of other additional payments above the cost of such Goods (except for the cost of delivery of goods, which is indicated separately).

6.2. The cost of services is calculated individually and depends on the individual request of the Buyer, on the amount of information that the astrologer will need to additionally determine, therefore, it is discussed and calculated individually with the organizer manager at the contact phone number indicated on the Site.

6.3. The Seller has the right to unilaterally change the price for any item of the Goods or Services, change the range of Goods and Services available for ordering on the Website, their cost, delivery terms, etc.

6.4. If, after ordering the Goods or Services but before their payment, the price of such Goods or Services has changed, the Seller undertakes to inform the Buyer of the change in the price of the ordered Goods/Services. Changes in the cost of the Goods or Services ordered by the Buyer after payment are not allowed.

6.5. Payments between the Seller and the Buyer for the Goods and Services shall be made by the methods specified on the Website in the “Delivery and Payment” section.

6.6. The day of fulfillment of the Buyer’s obligations to pay the cost of the Goods/Services shall be the day of receipt of funds to the Seller’s current account. The Seller shall not be liable for any delay in payment by a payment or banking institution, or for the return of payment to the Buyer.

6.7. Services and goods are delivered by the Seller after the Buyer has made a full prepayment.

SECTION 7. TERMS OF DELIVERY OF GOODS/SERVICES

7.1. The methods, procedure and terms of delivery of goods are indicated on the Website in the “Delivery and Payment” section.

7.2. The Buyer agrees on the procedure and terms of delivery of the ordered goods with the manager of the online store at the time of placing the order.

7.3. Delivery of the Goods is carried out by the employees of the Seller’s online store in accordance with the terms of delivery, or with the involvement of Delivery Services, express carriers (hereinafter referred to as the Carrier Companies).

7.4. Upon receipt of the Goods by means of a delivery service or express carrier, the Buyer shall, in the presence of a representative of the Carrier Company, check the compliance of the Goods with the qualitative and quantitative characteristics (name of the Goods, quantity, completeness, integrity of the Goods, absence of damage).

7.5. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies shall be confirmed by the Buyer’s own signature in the consignment note, the declaration of the Carrier Company upon receipt of the Goods, or other document confirming receipt of the Goods by the Buyer.

7.6. Access to courses, seminars, lectures and master classes in the record is opened to the Buyer for an unlimited period after payment by providing a link to the video on the Seller’s YouTube channel(https://www.youtube.com/@KamalaVana). Such video is closed to the public and is available only through the appropriate link, which is not limited in the number of times it can be viewed as long as the Seller’s YouTube channel exists.

7.7. Training in groups on a specific topic for the period of quarantine restrictions due to the spread of coronavirus disease (COVID-2019), as well as the introduction of martial law in Ukraine in accordance with the Decree of the President of Ukraine of February 24, 2022 No. 64 “On the introduction of martial law in Ukraine”, military operations in Ukraine, is conducted only online, with the possibility of accessing live broadcasts from anywhere in Ukraine or the world if you have an Internet connection.

7.8. The date of the consultation is set on an individual basis and is communicated by the manager after determining all the necessary data.

SECTION 8. TERMS OF RETURN OF GOODS

8.1. In accordance with Art. 9 of the Law of Ukraine “On Consumer Protection”, the Buyer has the right to exchange the Goods of good quality within fourteen days, not counting the day of purchase (for the Goods delivered by the Carrier Company – from the day of receipt).

8.2. The Goods of good quality shall be returned if they have not been used and if their presentation, consumer properties and packaging are preserved.

8.3. The cost of the Goods of good quality shall be refunded to the Buyer within 30 (thirty) calendar days from the date of receipt of such goods by the Seller, subject to the requirements provided for in clause. 8.2. of this Agreement and the current legislation of Ukraine.

8.4. Return of the Goods of good quality shall be made to the Seller’s address and shall be made at the Buyer’s expense. The Seller shall not reimburse the Buyer for the costs associated with the return of the Goods of good quality.

8.5. The Buyer shall not be entitled to refuse the Goods of good quality with individually determined properties if the said Goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, at the Buyer’s request, etc.), or if the Goods were made to the Buyer’s order. Confirmation of the fact that the Goods have individually defined properties is the presence of individual requirements for the characteristics of the Goods, the difference in the size of the goods and other characteristics specified in the online store.

8.6. The exchange of Goods of good quality is carried out in accordance with the procedure and on the terms determined by the current legislation of Ukraine.

SECTION 9. RIGHTS AND OBLIGATIONS OF THE PARTIES

9.1. The seller is obliged to:

9.1.1. to transfer to the Buyer the paid goods ordered by him in the Seller’s online store in accordance with the terms of this Agreement, in case of receipt of payment from the Buyer;

9.1.2. provide services for consulting on Vedic astrology or Eastern psychology in accordance with the terms of this Agreement and the Buyer’s order in case of receipt of payment from the Buyer;

9.1.3. to provide training services in courses, lectures or seminars (available at the time of ordering, with open enrollment) that are presented on the Seller’s Website, selected and paid for by the Buyer, including providing access to the courses, lectures or seminars selected and paid for by the Buyer in the record;

9.1.4. to check the proper quality, assortment, quantitative and qualitative characteristics of the Goods during their packaging in the warehouse before transferring/dispatching them to the Buyer;

9.1.5. not to disclose any private information about the Buyer that may have become known to the Seller during the contractual relationship with the Buyer and not to provide access to this information to third parties, except as provided by law and in the course of fulfilling the Buyer’s order.

9.2. The seller has the right to:

9.2.1. unilaterally change the terms of this Agreement, as well as the prices for the Goods and Services, by posting them on the website of the Online Store. All changes shall take effect from the moment of their publication;

9.2.2. unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement, in case of debt for previously delivered/ordered Goods or Services;

9.2.3. to process, collect, use data received when placing an order by the Buyer or in the process of providing services.

9.3. The buyer is obliged:

9.3.1. prior to concluding the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement, information and prices for the Goods and Services posted by the Seller on the Website;

9.3.2. provide the Seller with all the necessary data that uniquely identifies him as the Buyer and is sufficient to deliver the ordered goods and services to the Buyer;

9.3.3. timely pay for and receive the order on the terms of this Agreement;

9.3.4. upon receipt of the Goods from the person who delivered them from the Carrier Company, verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete completeness of the Goods, they shall be recorded in the act at the place and time of receipt of the Goods, which shall be signed together with the Buyer by the person who delivered/issued the Goods to the Buyer. The Seller shall not accept acts drawn up not at the place and time of receipt of the Goods.

9.3.5. Not to transfer to third parties and not to disclose the result of the provision of services, not to distribute it on the Internet or in any other way, not to transfer to third parties access codes to closed videos on the Seller’s YouTube channel (https://www.youtube.com/@KamalaVana).

9.4. The buyer has the right to:

9.4.1. place an order in the seller’s online store through the feedback form or from the manager at the specified phone numbers in the “Contacts” section;

9.4.2. choose the method of receiving the Goods from those specified in the “Delivery and Payment” section of the Site or by agreement with the manager of the online store;

9.4.3. require the Seller to fulfill the terms of this Agreement.

SECTION 10. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.

10.2. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of force majeure circumstances such as war or hostilities, earthquake, flood, fire and other natural disasters, and (or) computer network failure that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.

10.3. The aggregate liability of the Seller to the Buyer under the Agreement for any claims or demands/claims regarding the Agreement or its performance shall be limited to the amount of payment received by the Seller from the Buyer under the Agreement as payment for the goods/services.

10.4. All disputes and/or disagreements arising between the Parties in connection with the execution or termination of the Agreement shall be resolved through mutual consultations and negotiations between the Parties.

10.5. If the Parties are unable to reach an agreement on the disputed issues through negotiations, such dispute shall be referred to the court in accordance with the procedure provided for by the Legislation of Ukraine.

SECTION 11. TERM OF THE AGREEMENT

11.1. This Agreement shall be deemed concluded from the moment the Buyer pays for the goods/services ordered on the Seller’s Website and shall be valid until the goods are received or the service is provided to the Buyer.

11.2. This Agreement may be terminated by mutual consent of the parties prior to its expiration.

11.3. The Parties shall have the right to terminate this Agreement unilaterally in case of failure of one of the Parties to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.

11.4. In the event of force majeure in accordance with clause. 10.2. the execution of the Agreement may be suspended and extended after the expiration of the specified force majeure circumstances by agreement of the Parties.

SECTION 12. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

12.1. The information provided by the Buyer is confidential. The Seller undertakes not to disclose the information received from the Buyer. It shall not be considered a violation if the Seller provides information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the requirements of the current legislation of Ukraine.

12.2. By accepting the Agreement or registering on the Seller’s website, the Buyer voluntarily agrees to the collection and processing of his/her personal data for the following purposes: to process the order and deliver the goods/provide the service to the Buyer; sending advertising and special offers, information about promotions or any other information about the activities of the Seller’s website by telecommunication means (e-mail, mobile communication).

12.3. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing an application for refusal to receive advertising materials, sending it to the postal or e-mail address.

12.4. The Buyer is responsible for keeping his personal data up to date. The Seller shall not be liable for poor performance or non-performance of its obligations due to the irrelevance of information about the Buyer or its inconsistency with reality.

SECTION 13. SELLER’S DETAILS

INDIVIDUAL ENTREPRENEURship Ishchenko Andrii Vasylovych
m. Kharkiv, 337 Klochkivska str.
EDRPOU/TIN code 2574915570
R/s UA093515330000026007045903612
JSC CB “PRIVATBANK”
MFO: 351533